Germany: Updated Guidelines on the Federal Act on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia (TTDSG)

On 30 November 2022, Germany's Data Protection Conference (DSK) updated its guidance on the Federal Act on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia (TTDSG – 2021). The updated guidance enhances the validity of and the requirements for consent and for its revoking, which must be informed and unambiguously expressed. In addition, the guidance includes a section on the lawfulness of processing in accordance with the General Data Protection Regulation (GDPR), specifying the responsibility of controllers to demonstrate the lawfulness of the processing. The guidance also indicates requirements for the design of consent banners to ban misleading practices. It further specifies that the lawfulness test applies only within the European Economic Area (EEA) and that data transferring into third countries shall always be additionally examined. Finally, the last section contains regulations on the data subject's rights, such as the right to information and the right to be forgotten.